J.1b 1998 Regional Water-Energy Agreement.pdf

COUNCIL OF PRIME MINISTERS

AGREEMENT

Between the Government of the Republic of Kazakhstan, the Government of the Kyrgyz Republic and the Government of the Republic of Uzbekistan on Joint and Complex Use Water and Energy Resources of the Naryn Syr Darya Cascade Reservoirs in 1998

The Government of the Republic of Kazakhstan, the Government of the Kyrgyz Republic and the Government of the Republic of Uzbekistan, hereinafter referred to as the Parties, in order to provide efficient water releases during the growing season, prevent flooding of areas in mid- and downstream Syr Darya and for the rational use of existing water and energy resources, agreed on the following:

Article 1

1. Establish the following average daily water releases from the Toktogul reservoir in 1998:

January - 495 m3/sec February - 490 m3/sec March - 300 m3/sec April - 230 m3/sec May - 270 m3/sec June - 500 m3/sec July - 650 m3/sec August - 600 m3/sec September - 190 m3/sec

2. The Shardara reservoir inflows in the growing season will be provided in accordance with the principles of water allocation defined by the ICWC.

3. 800 million m3 of water supply will be provided for the Republic of Kazakhstan through the "Dostyk" canal during the growing season.

Article 2

In order to provide the established irrigation releases the Kyrgyz Republic will supply equal shares of power transfers, amounting to 2.2 billion kWh in the growing season, to:

the Republic of Kazakhstan - 1,100 million kWh;

the Republic of Uzbekistan - 1,100 million kWh.

Article 3

For the delivery of 1.1 billion kWh from the Kyrgyz Republic the Republic of Uzbekistan will provide electric power amounting to 200 mln kWh according to the following terms:

In the first quarter of 1998 50 mln kWh;

In April of 1998 50 mln kWh;

In September of 1998 50 mln kWh;

In October of 1998 50 mln kWh;

and 600 mln m3 of natural gas according to the following terms:

In the I quarter of 1998 200 mln m3 ;

In the II quarter of 1998 110 mln m3 ;

In the III quarter of 1998 90 mln m3 ;

In the IV quarter of 1998 200 mln m3 ;

In addition, 20 000 tons of fuel oil for the Osh Thermal Power Station in 1998, and also products (labor, services), necessary for the sustainable operation of the energy systems and water facilities in accordance with mutual agreements.

The Republic of Uzbekistan will provide 172 mln m3 of natural gas in equal monthly shares in accordance with the Protocol "On Progress in Implementation of the Agreement Between the Government of the Republic of Uzbekistan and the Government of the Kyrgyz Republic on the use Water and Energy Resources of the NSDC Hydro Power Stations", dated July 19, 1997.

The conditions of payments will be observed as stipulated in the Agreement between the Government of the Republic of Uzbekistan and the Government of Kyrgyz Republic, dated January 17, 1996.

Article 4

The Republic of Kazakhstan, in exchange for 1.1 bn kWh of power from the Kyrgyz Republic, will provide 250 million kWh of electric power to the Talaskaya Oblast according to the following terms:

In the first half-year 150 mln kWh;

In the second half-year 100 mln kWh.

The remaining volume of power will be compensated by the delivery of 566.7 thousand tons of Karaganda coal according to the following terms:

In the first quarter of 1998 - 220 thousand tons In the second quarter of 1998 - 200 thousand tons In the third quarter of 1998 - 146.7 thousand tons

Article 5

The payments will be performed in accordance with the terms and conditions stipulated by the Agreement between the Government of the Kyrgyz Republic and the Government of the Republic of Uzbekistan (December 25, 1997, Bishkek), and the Agreement between the Government of the Republic of Kazakhstan and the Kyrgyz Republic (December 26, 1997, Bishkek) on the complex use of water and energy resources of the NSDC reservoirs in 1998.

Article 6

The commitments of the Parties on Paragraphs 1 and 2 of Article 1 will be secured, if Article 2 and Article 4 of this Agreement are observed.

Article 7

The Kyrgyz Republic will reduce its own energy consumption by10% , compared to 1997 levels.

Article 8

Adjustments to the water releases, when necessary, will be performed by the BVO "SyrDarya" and UDC "Energia" in agreement with the interested Parties and on the basis of the existing fuel, energy and water situation.

Article 9

The issue of the use of water and energy resources of the NSDC reservoirs in 1999 will be considered in September 1998 in Bishkek at the working meeting of the representatives of fuel, energy and water complexes of the Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Uzbekistan.

Article 10

This Agreement will be effective from the date it is signed by the Parties.

Executed in Bishkek on March 17, 1998 in one original copy in Russian.

The original copy remains in the office of the ICKKU Executive Committee which will submit certified copies to each member country having signed the Agreement.

For the Government For the Government For the Government of the Republic of of the Kyrgyz of the Republic of Kazakhstan Republic Uzbekistan

N. BALGIMBAEV A. DZUMAGULOV U. SULTANOV

Agreement Between the Government of the Republic of Tajikistan and the Government of the Republic of Uzbekistan on Cooperation in the Area of Rational Water and

Energy Uses

The Government of the Republic of Tajikistan and the Government of the Republic of Uzbekistan hereinafter referred to as the Parties

In an effort to further develop bilateral mutual advantageous cooperation in the electric power area, and carry on an auspicious vegetation flooding campaign in the Syr Darya midstream in 1998

The Parties agreed as follows:

Article 1

The Tajik Party shall ensure by 31 May 1999 the Kairakkum water storage of 3,418 million m3 with the normal banked-up level of 347.50, and the reservoir operation during the growing season according to BVO Syr Darya.

Article 2

The Uzbek Party shall transfer 100 million kWh of electricity, on terms of returning it back in summer, to the Republic of Tajikistan in March-April 1998, and will continue treatment works for the chute delivering water to the pump station Makhram.

Article 3

The Parties commit the economic entities to conclude, if necessary, agreements regarding electricity transfers, transit and capacity regulation services, based on mutual compensations, and considering the reservoir operation modes according to BVO Syr Darya and BVO Amu Darya.

Article 4

The Agreement shall be in force from the signature date.

Executed in Dushanbe, February 4, 1998 in two copies in Tajik, Uzbek and Russian, all texts have equal validity. In the event of differences concerning the elucidation of the Agreement clauses the Russian text shall be basic.

For the Government For the Government of the Republic of Tajikistan of the Republic of Uzbekistan c:\olg\agreements\1999 we agreement360a.doc\September 30, 1999

Agreement Between the Governments of the Republic of Kazakhstan, the Kyrgyz Republic, and the Republic of Uzbekistan on the Use of Water and Energy Resources of the Syr Darya Basin

The Governments of the Republic of Kazakhstan, the Kyrgyz Republic, and the Republic of Uzbekistan, hereinafter referred to as the Parties:

GUIDED by sincere spirits of good-neighborliness and cooperation;

RECOGNIZING the fact that the appointed countries followed the agreed procedure of Syr Darya Basin Water and Energy Uses, ensuring social and economic development of their countries and people’s welfare;

NOTING that the Syr Darya basin, comprised of the area of four countries, has water and energy resources to promote the economic growth of the countries;

HAVING a common desire to find the most precise and fair solution to use the water and energy resources of the Syr Darya basin in accordance with the precedents of international law;

ACKNOWLEDGING that benefits derived from the joint operation of the reservoirs of the Naryn-Syr Darya Cascade, through a multi-year flow regulation and the flood control measures, include the use of water for irrigation and power generation;

TAKING INTO ACCOUNT that a joint and comprehensive use of the water and energy resources of the Syr Darya basin must be implemented with regards to the environmental safety of the region;

NOTING the common interests of the participating countries and the urgent need for the development of an efficient and coordinated water regime in the Syr Darya basin, taking into account the problems of the Aral Sea; the Parties agree on the following:

ARTICLE I

Definitions

“Naryn Syr Darya Cascade” refers to the aggregate of the multi-year and seasonal regulation reservoirs.

“Growing period” is defined as the period from April 1 to October 1.

“Non-growing season” is defined as the period from October 1 to April 1.

“Water management year” is defined as the period from October 1 to October 1 of the following year.

ARTICLE II

To ensure the agreed-upon operating regimes of the hydrotechnical facilities and the reservoirs of the Naryn-Syr Darya Cascade and irrigation water releases, the Parties deem it necessary annually to coordinate and make decisions on water releases, production and transit of electricity, and compensations for energy losses, on an equivalent basis.

ARTICLE III

The Parties will take no actions which will violate the agreed-upon water use regimes and energy deliveries, or infringe on the rights of the other Parties to obtain water and energy deliveries in the mutually-agreed amounts or to transport resources through their own territories.

ARTICLE IV

The Naryn-Syr Darya excess power emanating from the release mode utilized on the Naryn-Syr Darya during the growing season, and the Toktogul multi-year regulated flows that exceed the needs of the Kyrgyz Republic, will be transferred to the republics of Kazakhstan and Uzbekistan in equal portions.

Compensation shall be made in equivalent amounts of energy resources, such as coal, gas, electricity and fuel oil, and the rendering of other types of products (labor, services), or in monetary terms as agreed upon, for annual and multi-year water irrigation storage in the reservoirs.

A single tariff policy for all types of energy resources and their transportation shall be applied for mutual settlements.

ARTICLE V

The Parties shall undertake essential measures which will ensure the fulfillment of their Agreement commitments to the other Parties using various forms of guarantees, such as lines of credit, security deposits, or other forms.

ARTICLE VI

The Parties agree that customs fees and duties will not be applied for deliveries of energy or other types of products (labor and services) within the Agreement.

ARTICLE VII

The Parties agree that the operation, maintenance and reconstruction of water and energy facilities shall be covered in accordance with the ownership of the property referred to in the balance sheet and the legal right of ownership.

ARTICLE VIII

Reservoir operation modes, energy amounts and transfers are approved by annual intergovernmental agreements based on the decisions made by water, fuel and energy organizations headed by vice prime ministers of the signatory countries. The BVO Syr Darya and UDC Energia shall be appointed as executive bodies responsible for the release schedules and energy transfers prior to the establishment of the International Water and Energy Consortium and its executive body.

ARTICLE IX

Any disputes or disagreements will be resolved through negotiations and consultations. If the Parties do not reach an accord the issue in dispute shall be considered by an arbitration court that will be established by the Parties for each specific case.

ARTICLE X

To provide further improvement of the management and use of the water and energy resources and the enhancement of economic relations aimed at guaranteed water supply in the basin, the Parties agree to consider jointly the following issues:

- Construction of new hydropower facilities and reservoirs, or alternative sources for hydropower in the region;

- Replacement of barter settlements by financial relations;

- Development of pricing mechanisms based on a single tariff policy;

- Ensuring safe operation of hydrotechnical facilities in the Syr Darya Basin;

- Economic and rational water use with the application of water-conservation technologies and irrigation equipment; and

- Reduction and discontinuation of polluted water discharges in the water sources of the

Syr Darya basin.

ARTICLE XI

This Agreement shall be in force from the date the Parties forward the notification of depository on the implementation of the internal state procedures to enforce it.

ARTICLE XII

This Agreement is valid for a period of five years and will be automatically renewed for additional five-year periods, if no written notice on the termination of the Agreement is given six months in advance from any Party.

ARTICLE XIII

This Agreement is open for other countries to enter.

Translated by O. Elizarova and T. Edilov c:\wp\...agr294.wpd

ARTICLE XIV

Given the mutual consent of the Parties, amendments and addenda can be introduced and formalized by separate protocols, and will become integral parts of the Agreement.

This Agreement is finalized in Bishkek, March 17, 1998, in one original copy in Russian.

The original copy remains in the office of the ICKKU Executive Committee, which will submit certified copies to each member country having signed the Agreement.

Signatories:

For the Government For the Government For the Government of the Republic of the Kyrgyz of the Republic of of Kazakhstan Republic Uzbekistan

N. BALGIMBAEV A. DJUMAGULOV U. SULTANOV